Personal injury cases cover any accidents that cause physical injuries. Whether the accident was caused by a faulty product, a slippery floor, or a car crash, our lawyers can help you get compensation from the responsible parties.
Getting compensated for pain and suffering, lost wages, and medical expenses often means going to court and filing a lawsuit. However, many cases settle before trial starts, getting you the damages you need faster.
For a free review of your case, call the personal injury lawyers at The Law Offices of David I. Fuchs, Injury & Accident Lawyer today by dialing (954) 751-4258.
Common Personal Injury Cases and Accidents in Aventura, FL
There are many different types of injuries our personal injury attorneys can help you get compensation for, including the following. We also handle other cases not on this list, so if you have been injured in any type of accident, call us right away.
Car crashes, trucking accidents, bus crashes, motorcycle accidents, pedestrian accidents, and even scooter and bicycle accidents are some of the most common types of cases our lawyers handle. If you were hurt in an accident, there are often complex no-fault insurance rules that can limit when you can sue and what damages you can claim. Working with a lawyer can help you understand what steps to take and how to maximize the damages you can receive.
Accidents on Someone’s Property
Slip and fall accidents, electrocution, building collapse, drowning, falls from heights, and other accidents on someone else’s property can often be compensated in a personal injury lawsuit. Homeowners, business owners, and other property owners often have insurance that covers incidents on their premises, but it often takes a lawsuit to get full compensation, as these insurance companies are often reluctant to pay up.
Injuries from dangerous and defective products can happen on their own when you use any type of electronic, power tool, or appliance. Defective products can also cause auto accidents and other accidents, such as crashes caused by brake failure, shelf collapse caused by dangerous brackets, and work injuries caused by defective personal protective equipment.
Accidents in the workplace often have a separate set of rules for how to get compensation through your employer’s insurance, but there are many exceptions that allow you to sue third parties that cause injuries at your workplace. Often, these accident cases overlap with the others discussed above, such as when a roadside work crew is hit by a dangerous driver.
If an accident claimed the life of a loved one, our attorneys can help you get compensation for the support the deceased family member provided your family and other damages available under the law.
How to Prove a Personal Injury Case in Aventura, FL
To prove that someone – whether a person or a company – was responsible for your injuries, you need evidence. There are also legal elements to show in your case.
Plaintiffs – i.e., victims – have the burden of proof and production in a personal injury case. This means that it falls on them and their attorneys to bring sufficient evidence to the table to prove “by a preponderance of the evidence” that the defendant – the at-fault party – caused their injuries. This language is often confusing, but it essentially means that you have to provide the evidence – not the defendant – and that you need to show it is more likely than not that you’re telling the truth.
An injury case is often proved with evidence including your own testimony about what happened, testimony from other witnesses, photos and evidence from the scene or the accident, medical records proving the injuries exist, and financial statements proving the other economic damages. Your injury attorneys can help you gather a lot of this evidence and send letters and official subpoenas to get the evidence preserved for trial and brought to court.
Elements to Prove
Each element of your case must be proved by a preponderance of the evidence for you to win your case. Injury cases are usually based on “negligence,” which is a legal theory that has four elements. First, you have to show that the defendant owed you a legal duty, which usually means showing that there is a statute saying what they should have done or a general expectation to act reasonably in the given situation. Second, you must prove that they breached that duty, either by violating the explicit law or by acting unreasonably. Third, you have to prove that what they did actually led to your injuries, and fourth, that you have indeed suffered injuries. Without injuries like physical injuries, medical bills, lost wages, and other damages, you cannot file a lawsuit.
Settling an Injury Case vs. Going to Trial in Aventura, FL
Most accident cases are settled instead of being fought at trial. When you start your injury case, you will often start by filing an insurance claim. If the insurance company comes back with a settlement offer that covers all of your needs, there is no need to even go to court. Unfortunately, many insurance companies will deny every claim they can and pay the rest with a low-dollar settlement that does not pay for everything.
When going to court, you show the defendant and their insurance company that you are serious about your case and that you need the damages they have refused to pay. From there, the case takes on a much more official tone, and there are procedures and processes to follow as the case progresses through the court system.
One of the early stages of your case is discovery, where both sides share evidence and depose witnesses in official interviews. After this stage, all of the evidence is on the table, and both sides can see how strong or weak their case is. Most claims are settled soon after this, but you can go all the way up to the end of trial before your case is settled. Our attorneys are prepared to take your case to trial if we need to, but we will fight to negotiate a fair settlement and get you damages earlier if possible.
Call Our Aventura Personal Injury Attorneys for Help with Your Case
After an accident, contact The Law Offices of David I. Fuchs, Injury & Accident Lawyer at (954) 751-4258 to speak with our personal injury attorneys in a free case evaluation.